The U.S. Second Circuit Court of Appeals has rejected the notion that a failure to institute a litigation hold constitutes the kind of per se gross negligence that warrants sanctions for evidence spoliation.
By doing this, the court was clear in...
NOTE: The case links below may be accessed by lexis.com subscribers. Non-subscribers may obtain research packages by the day, week, or month at lexisONE The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities...